RELIANCE INSURANCE COMPANY LIMITED vs AHSAN IKRAM TEXTILE (PVT — 2023 CLD 1354 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

RELIANCE INSURANCE COMPANY LIMITED VS AHSAN IKRAM TEXTILE (PVT.) LIMITED Ss. 115 & 124 (2)---Marine Insurance Act (V of 2018), Ss. 3, 19, 20, 44, 45, 46 & 47---Marine Insurance Policy--- Knowledge of damage---Voyage, change/deviation of---Proof---Appellant/Insurance company was aggrieved of judgment and decree passed by Insurance Tribunal accepting claim of respondent company---Contention of appellant/insurance company was that damage to goods had occurred prior to issuance of Marine Insurance Policy in question---Validity---When appellant/insurance company itself issued Marine Insurance Policy on 31-05-2018 from warehouse to warehouse and also clearly mentioned that date of sailing was 20-05-2018, then subsequently it could not deny claim of insurance merely on the presumption that goods were damaged due to rain before the date of issuance of Marine Insurance Policy---Even if goods were damaged on 25/26-05-2018, there was nothing placed on record to show that respondent company was aware of such damage to the goods and had concealed such fact at the time of issuance of Insurance Policy on 31-05-2018---Nothing was placed on record by appellant/insurance company during evidence to show that respondent company had any knowledge about change of vessel or stoppage of vessel at any post---It cannot be said that there was mala fide on part of the respondent company or material facts were not disclosed at the time of Marine Insurance Policy on 31-05-2018---Division Bench of High Court declined to interfere in judgment and decree passed by Insurance Tribunal against appellant/insurance company---Appeal was dismissed, in circumstances. Ss. 44, 45, 46 & 47---Voyage---Change/deviation---Scope---Change of voyage under Ss. 44, 45, 46 & 47 of Marine Insurance Act, 2018, takes place when port of destination or port of departure is changed and there is deviation from voyage contemplated by insurance policy. S. 122--- Marine Insurance Policy--- Insurance Tribunal---Jurisdiction---Marine Insurance Policy also falls within the scope of insurance policy and Insurance Tribunal has jurisdiction in respect of Marine Insurance Policy. S. 124 (2)---appeal---New plea, raising of---Effect---Grounds never raised before Insurance Tribunal cannot be raised in appeal for the first time. S. 115, proviso---Marine Insurance Policy---Law of Pakistan---Applicability---If in Marine Insurance Policy, it is specifically provided that payment can be received or suit can be filed in any other country, due to the proviso to S. 115 of Insurance Ordinance, 2000, S. 115 does not override such Marine Insurance Policy---Purpose of proviso to S. 115 of Insurance Ordinance, 2000, is to avoid any kind of interference with normal business of Marine Insurance---Marine Insurance contracts are international in scope and most of the time are for the benefit of the consignees abroad who have option of stipulating clause in Marine Insurance Policy mentioning place where such contracts are intended to be carried out between the parties.

RELIANCE INSURANCE COMPANY LIMITED vs AHSAN IKRAM TEXTILE (PVT — 2023 CLD 1354 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 CLD